1 To: Honorable Mayor and Members of the City Council
From: Adam Politzer, Interim City Manager
Date: May 14, 2026
Supplemental Memo regarding Item 7-A – Inclusionary Housing Ordinance
SUPPLEMENTAL INFORMATION
This memo is being provided to supplement the staff report already published for the May 19, 2026 City Council meeting.
The proposed ordinance attached to the staff report is the “clean” version and does not include the proposed tracked changes. This supplemental memo includes the attached Revised Ordinance with all track changes to provide clarity on all the proposed edits.
In addition, the following paragraph has been added to the Revised Ordinance in Section 30-
16.4(c). This was intended to be included and was discussed in the staff report , but was inadvertently deleted:
“An economically equivalent ratio of affordable units in one or more affordability categories may be approved as part of the project entitlement based on a cost / subsidy model demonstrating rough equivalence to the basic requirement. Any such adjustment shall be approved by the Planning Board and may be appealed to the City Council pursuant to Chapter 30-25.”
Respectfully submitted,
Abigail Thorne-Lyman, Interim Planning, Building & Transportation Director
Exhibit(s):
1. Revised Ordinance
EXHIBIT 1
CITY OF ALAMEDA ORDINANCE NO. _________
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING ARTICLE 30 -16 (INCLUSIONARY HOUSING REQUIREMENTS FOR RESIDENTIAL PROJECTS ) CHAPTER 3 0 ( DEVELOPMENT REGULATIONS) TO UPDATE THE CITY’S
INCLUSIONARY HOUSING PROGRAM
WHEREAS, on November 10, 2025, the Planning Board conducted a workshop to review various proposals to update the inclusionary housing ordinance; WHEREAS, on December 2, 2025, the City Council conducted a workshop to review various proposals to update the inclusionary housing ordinance, including consideration of the Planning Board’s feedback from its workshop meeting on November 10, 2025;
WH
EREAS, on April 13, 2026, the Planning Board conducted a public hearing to consider the Council-provided guidance on several options to be considered, i.e. ways to adjust the percentage requirements for each of the affordability levels and off-site project development parameters and adopted a resolution making recommendations for the City Council’s consideration;
WHEREAS, the City Council desires to update its Inclusionary Housing Program to encourage the increased production of both affordable and market rate housing; WHEREAS, on May 19, 2026, the City Council conducted a public hearing to consider the first reading of the subject ordinance and on _______, 2026, the City Council conducted a second reading and adopted the ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: AMENDMENTS TO ALAMEDA MUNICIPAL CODE
Article 30.16 ( INCLUSIONARY HOUSING REQUIREMENTS FOR RESIDENTIAL PROJECTS) of Chapter 30 (DEVELOPMENT REGULATIONS) of the Alameda Municipal Code, is hereby amended (underlined for additions and strikeout for deletions):
30-16
INCLUSIONARY HOUSING REQUIREMENTS FOR RESIDENTIAL PROJECTS 30-16.
1 Purpose.
Created: 2025-12-03 11:30:10 [EST]
(Supp. No. 72)
The purpose of this section is to (a) implement the goals and objectives of the Housing Element of the City of Alameda General Plan, (b) mitigate the impacts on housing affordability caused by new residential development, (c) promote provision of affordable housing to ensure continued economic diversity, and ( cd) meet the community need for housing affordable to persons of very low-, low- and moderate-incomehousing.
30-16.2 Findings.
1.a. California and the City of Alameda face a serious housing problem that threatens their economic security. Persons of acutely low, extremely low, very low-,, low-, and moderate- income are experiencing increasing difficulty in locating and maintaining adequate, safe and sanitary affordable housing. Lack of access to affordable housing has a direct impact upon the health, safety and welfare of the residents of Alameda.
Alameda will not be able to contribute to the attainment of State housing goals or to retain a healthy living environment without additional affordable housing. As noted in the City's Housing Element, a regional shortage of affordable housing is contributing to overpayment for housing accommodations, sometimes leading to temporary or permanent homelessness.
2.b. A lack of new Inclusionary Units below-market-rate units will have a substantial negative impact on the environment and economic climate because (i) housing will have to be built elsewhere, including far from employment centers and therefore, commutes will increase, causing increased traffic and transit demand and consequent noise and air pollution, and (ii) City businesses will find it more difficult to attract and retain the workers they need. Inclus ionary housing policies contribute to a healthy job and housing balance by providing more affordable housing close to employment centers.
3.c. Development of new market-rate housing encourages new residents to move to the City. These new residents will place demands on services provided by boththe public and private sectors. Some of the public and private sector employees needed to meet the needs of the new residents would earn incomes only adequate to pay for affordablebelow-market-rate housing. Employees who are unable to find affordable housing in the City willmay be forced to commute long distances., live in overcrowded conditions, or be price burdened or at risk of homelessness. This situation adversely impactsmay have adverse affects on their quality of life, consumes consume limited energy resources, increases increase traffic congestion and has have a negative impact on air quality.
4.d. Increasing the production and availability of affordable housing is problematic.difficult to achieve without subsidy. Prices and rents for affordable 100% below-market-rate housing remain below the level needed to attract are insufficient to support private new construction. At the same time, due to the high cost of labor, materials, financing, and other development costs, and escalating land costs and rapidly diminishing
amounts of land available for development hinder the provision of affordable housing units solely through private action. Federal and state funds for the construction of new affordable housing are insufficient to fully address the problem of affordable housing within the City , and those funding sources often require local financial participation.
5.e. The City wishes to retain an economically balanced community, with housing available to very low -, low - and moderate- all income householdscategories. The City's General Plan implements the established policy of the State of California that each community should foster an adequate supply of housing for persons at all economic levels and for those with a variety of special needs such as the disabled, seniors, large families and others.
6. f. It is appropriate to impose some of the cost of the increased burden of providing affordable housing for very low-, low- and moderate-income persons directly on the developers, and indirectly upon the occupiers, whose developments necessitate the need for such housing. In addition to the demands on services from such developments, new development without affordable units contributes to the shortage of affordable housing. Zoning and other ordinances concerning new housing in the City should be consistent with the community's goal to foster an adequate supply of housing for persons at all economic levelsIn addition, it is local policy and mandated by State and regional agencies that the City do its fair share to address the affordable housing crisis in partnership with public and private parties.
30-16.3 Definitions.
As used in this section:
Affordable Rent shall mean monthly rent (including utility allowance) that does not exceed one-twelfth of thirty (30%) percent of the maximum annual income for a household of the applicable income level (Very Low-, Low- or Moderate-Income).
Acutely Low Income shall mean a household whose annual income does not exceed the qualifying limits set for "acutely low income households" in Section 50063.5 of the California Health & Safety Code, as it may be amended from time to time (currently set at fifteen percent (15%) of Area Median Income).
Affordable Housing Guidelines shall mean guidelines adopted by the City Council to specify location and, design standards , affordability, and monitoring requirements for Inclusionary Units.
Affordable Housing Plan shall mean a legally binding agreement between a Developer and the City to ensure that the requirements of this chapter are satisfied. The Affordable Housing Plan establishes the number and location of AffordableInclusionary Units, production schedule and other standards.
Affordable Ownership Cost shall mean a sales price that results in a monthly housing cost (including mortgage, insurance, utilities, taxes, assessments and home owner association costs, if any) that does not exceed one- twelfth of thirty (30%) percent of the maximum annual income for a household of the applicable income level (Very Low-, Low- or Moderate-Income).
Affordable Rent shall mean monthly rent (including utility allowance) that does not exceed one-twelfth of thirty (30%) percent of the maximum allowable annual income for a household of the applicable income level (Acutely Low, Extremely Low, Very Low-, Low- or Moderate-Income), as defined.
Area Median Income shall mean the annually adjusted HUD Public Housing and Section 8 Income Limits published by the California HCD for Alameda County.
Extremely Low Income shall mean a household whose annual income does not exceed the qualifying limits set for "extremely low income households" in Section 50106 of the California Health & Safety Code, as it may be amended from time to time (currently set at thirty percent (30%) of Area Median Income).
Household shall mean one person living alone or two or more persons sharing residency whose income is considered for housing payments.
Inclusionary Unit shall mean a dwelling unit that must be offered at Affordable Rent or available at Affordable HousingOwnership Cost to Acutely Low, Extremely Low, Very Low-,, Low-, or Moderate- Income Households.
In-Lieu Fee shall mean the fee described in subsection 30- 16.6a. that is paid to the City as an alternative to the production of inclusionary housing, which fee shall be used in accordance with subsection 30-16.11.
Low- Income Household shall mean a household whose annual income does not exceed the qualifying limits set for "lower income households" in Section 50079.5 of the California Health & Safety Code., as it may be amended from time to time (currently set at eighty percent (80%) of Area Median Income).
Market- Rate Unit shall mean a dwelling unit in a Residential Development that is not an Inclusionary Unit.
Moderate- Income Household shall mean a household whose annual income does not exceed the qualifying limits set for "persons and families of low-or moderate-income" in Section 50093 of the California Health & Safety Code., as it may be amended from time to time (currently set at one-hundred and twenty percent (120%) of Area Median Income).
Net Residential Floor Area shall mean the usable interior space of a residential dwelling, typically measured to the inside face of the exterior walls, and excludes areas that are not directly usable for living purposes such as garages and common areas such
as corridors and amenity space in multi -unit buildings, as determined by the Building Official.
Residential Development shall mean any planned development district, subdivision map, conditional use permit or other discretionary land use approval that authorizes the construction of or creation of one or more new residential dwelling units . , excluding accessory dwelling units.
Very Low- Income Household shall mean a household whose annual income does not exceed the qualifying limits set for "very low income households" in Section 50105 of the California Health & Safety Code., as it may be amended from time to time (currently set at fifty percent (50%) of Area Median Income).
30-16.4 Inclusionary Unit Requirements.
1.a. Unit Requirement. For allExcept as provided in Sections 30-16.5 and 30-16.6, below, Residential Developments of five (5) or more units , at least fifteen percent (15%) shall provide a percentage of the total units must be(excluding density bonus units) as Inclusionary Units restricted for occupancy by Acutely Low, Extremely Low, Very Low-,, Low- or Moderate- Income Households. The number of Inclusionary Units required for a particular project will be determined only once, at the time of project approval. according to the tables below. If a changethe total number of units in the Residential Development design results in a change in the total number of unitschanges prior to completion , the number of Inclusionary Units required will be recalculated to coincide with the final approved project.
2.b. Calculation. For purposes of calculating the number of affordable units Inclusionary Units required by this subsection, any additional units authorized as a density bonus under California Government Code Section 65915(b)(1) or (b)(2) will not be counted in determining the required number of Inclusionary Units. In determining the number of whole Inclusionary Units required, any decimal fraction less than 0.5 shall be rounded down to the nearest whole number, and any decimal fraction of 0.5 or more shall be rounded up on the nearest whole number.
c. Types of lnclusionary Units: Four percent (4%) of the total units must be restricted to occupancy by Low-Income Households; four percent (4%) of the total units must be restricted to occupancy by Very Low-Income Households; and seven percent (7%) must be restricted to occupancy by Moderate-Income Households. For Residential Developments with sixty-nine (69) or fewer total units, Inclusionary Units shall be restricted for occupancy by very low-, low- or moderate-income households in the following proportions, which are based upon the above calculations:
Total
Units
Inclusionary
Units
Income levels
05 to 9 1 1 moderate
10 to 16 2 1 moderate, 1 low
17 to 23 3 1 moderate, 1 low, 1 very low
24 to 29 4 2 moderate, 1 low, 1 very low
30 to 36 5 3 moderate, 1 low, 1 very low
37 to 43 6 3 moderate, 2 low, 1 very low
44 to 49 7 3 moderate, 2 low, 2 very low
50 to 56 8 4 moderate, 2 low, 2 very low
57 to 63 9 4 moderate, 3 low, 2 very low
64 to 69 10 5 moderate, 3 low, 2 very low
In determining the number of Inclusionary Units required, any decimal fraction shall be rounded down to the nearest whole number and the fractional remainder shall be accounted for as a fee payment to the City that shall be deposited in the Housing Trust Fund. The fee shall be calculated as a percentage of the currently adopted per -unit fee for small projects unless otherwise specified by Council resolution.
a.c. Types of lnclusionary Units: Inclusionary Units shall be provided at one of the following ratios, as chosen by the developer and approved in the Affordable Housing Plan. An economically equivalent ratio of affordable units in one or more affordability categories may be approved as part of the project entitlement based on a cost / subsidy model demonstrating rough equivalence to the basic requirement. Any such adjustment shall be approved by the Planning Board and may be appealed to the City Council pursuant to Chapter 30-25.
RENTAL Very Low
Income Low Income Moderate
Income TOTAL
Option 1 -- 15% -- 15%
Option 2 5% 5% -- 10%
Option 3 8% -- -- 8%
OWNERSHIP Very Low
Income Low Income Moderate
Income TOTAL
Option 1 -- -- 15% 15%
Option 2 -- 6% 6% 12%
Option 3 -- 10% -- 10%
d. Affordable Housing Guidelines. Inclusionary Units built provided under this section must conform to the Affordable Housing Guidelines adopted by the City Council.
e. Residential Developments with approved entitlements. Residential Developments which have received entitlements but have not yet been issued building permits may request to amend the project’s affordable housing plan to comply with the requirements of this ordinance. The developer shall notify the City in wr iting of their election to modify their inclusionary housing requirements and shall execute all necessary amendments to any existing affordable housing agreement and/or other applicable implementation and enforcement mechanism. If the request results in a change to the project’s eligibility for any previously granted density bonus, then the proposed amendment must be reflected in the project entitlements, which must then be reapproved by original approving body.
f. Rental Residential Developments with approved entitlements and building permits .
Rental Residential Developments with approved entitlements and building permits that include requirements for moderate income inclusionary units may request to amend the project’s affordable housing plan to comply with the requirements of this ordinance, provided that the request does not result in displacement of existing moderate income residents and provided that the request does not alter the project’s eligibility for any previously approved density bonus. The developer shall notify the C ity in writing of their election to modify their inclusionary housing requirements and shall execute all necessary amendments to any existing affordable housing agreement and/or other applicable implementation and enforcement mechanism.
30-16.5 Exemptions.
The requirements of this section do not apply to:
1.a. Reconstruction. The reconstruction of any structureshousing units that have been substantially damaged or destroyed by fire, flood, earthquake or other act of naturecalamity provided that the reconstruction takes placeis initiated within three (3) years of the date the structures were destroyed.
2.b. Residential Developments of four (4) units or less. The total number of units shall exclude accessory dwelling units.
3.c. Residential building additions, repairs or remodels. Residential building additions, repairs or remodels ;, provided, that such work does not increase the number of existing dwelling units beyond four (4) units, excluding accessory dwelling units.
a. Affordable housing projects. Residential Developments operated by public or non-profit entities that already have more dwelling units that qualify as affordable to provide housing for Acutely Low-, Extremely Low-, Very Low-,
Created: 2025-12-03 11:30:10 [EST]
(Supp. No. 72)
Low- and/or Moderate-Income Households thanat ratios sufficient to satisfy this section requires.
d. e. Residential Developments with approved maps. Residential Developments for which a tentative map or vesting tentative map was approved, or for which a building permit was issued, prior to the effective date of the ordinance codified in this section and which continue to have unexpired permits.
30-16.6 Alternatives.
a. In-Lieu Fees. For Residential Developments of between five and nine (9) or fewer units, including may provide one Low Income Inclusionary Units, the requirements of this section may be satisfied by payingUnit or may pay an In-Lieu Fee. The fee will be set by the City Council by resolution and shall be sufficient to make up the gap between (i) the amount of development capital typically expected to be available based on the amount to be received by a developer or owner from Affordable Housing Cost or Affordable Rent, and (ii) the anticipated cost of constructing the Inclusionary Units.. Fees shall be p aid upon issuance of building permits for Market -Rate Unitsused as set forth in a Residential Section 30-16.11.
1.b. Clustered Development. If building permits are issued for only part of a Residential Development, the fee amount shall be based only on the number of units then permittedResidential Developments may construct Inclusionary Units off -site or in a clustered building on-site or through the dedication of suitable land subject to approval by the reviewing body of the following findings that: (a) the purposes of this section would be equally served by the alternative; (b) the alternative is of comparable financial value to the otherw ise applicable inclusionary unit requirements; (c) conditions are in place to ensure that the inclusionary units will be constructed concurrently with the market rate units, and (d) the inclusionary units will be professionally constructed and managed for the term required by this ordinance. If the proposal places the affordable housing at a distance off more than a quarter of a mile from the market rate units, then the reviewing body must also find that: (a) the proposal supports the equitable distribution throughout the City of affordable housing, and (b) the proposal locates the affordable housing in a transit -rich, high-opportunity neighborhood that provides access to jobs, transit, schools, and services.
a. Off-site construction. Inclusionary Units may be constructed off-site if the Planning Board can make a finding that the purposes of this section would be better served by the construction of off- site units. In determining whether the purposes of this section would be better served by this alternative, consideration should be given as to whether the off-site units would be located in an area where, based on availability of affordable housing, the need for such units is greater than the need in the area of the proposed development.
Created: 2025-12-03 11:30:10 [EST]
(Supp. No. 72)
30-16.7 Incentive.
The City may provide the following incentive incentives to a developer who elects to satisfyfacilitate the inclusionaryprovision of affordable housing requirements of this section by producing Inclusionary Units on the site of the Residential Developmentunits:
a. a. Expedited Processing. Eligibility for expedited Priority processing of development and permit applications for the Residential Development.
b. Technical Assistance . No -cost consultation with the Building Official prior to submittal of construction plans for building permit plan review.
c. Permit Concierge. A designated permit technician to guide the development project through the permitting process and coordinate with City departments to streamline approvals.
30-16.8 Compliance Procedures.
1.a. Conditions to carry out the purposes of this section shall be imposed on the approval of any Residential Development to which this section pertains.
b. As part of the application for a Residential Development, the applicant shall submit an Affordable Housing Plan demonstrating compliance with this section. The
2.c. If providing on-site units, the Affordable Housing Plan must include: (i) a description of the number and size of each Market -Rate Unit and each Inclusionary Unit, including the income levels to which each Inclusionary Unit will be made affordable, (ii) a narrative describing how the plan adheres to the Affordable Housing Guidelines adopted by the City Council, and (iii) a site map, with the location of the Inclusionary Units clearly marked. The Affordable Housing Plan shall conform to the Affordable Housing Guidelines adopted by the City Council.
3.d. The Affordable Housing Plan shall be reviewed and approved by the decision-making entity concurrently with the Residential Development in accordance with the applicable development review procedures in the Alameda Municipal Code. The Affordable Housing Plan shall be made a condition of approval of the Residential Development and shall be recorded by the applicant together with any implementingimplemented through regulatory agreements, resale restrictions, deeds of trust and/or similar implementing documents as a restriction on the parcel or parcels on which the Affordable Units will be constructed.
4.e. The Planning BoardIf providing off -site or on- site clustered units, the review body specified in Subsection 30.16.6 b shall review any applications requesting off -site
construction within theirand approve the application, including an Affordable Housing Plan. The Affordable Housing Plan that shall include a site map of the off-siteproject location, a description of the arrangements made for construction at that site , and demonstration that the proposed off -site construction complies with Subsection 30-
16.6b. Off-site construction may only be approved in accordance with Subsection 30-
16.6b.
5.f. All Inclusionary Units shall be constructed and occupied as specified in the approved Affordable Housing Plan and Agreement concurrently with or prior to the construction and occupancy of Market Rate Units unless certification is obtained from the Planning and Building Director that the applicant has met, or made arrangements satisfactory to the City to meet, an alternative procedure set forth in Subsection 30-
16.6. In phased Residential Developments, Inclusionary Units shall be constructed and occupied in proportion to the number of units in each phase of the Residential Development. No final inspection for occupancy for any Market -Rate Unit shall be completed for the Residential Development or for any phase of the Residential Development until the applican t has constructed the Inclusionary Units required in the approved Affordable Housing Plan for the Residential Development or for any phase of the Residential Development by Subsection 30- 16.4 or completed corresponding alternative performance under Subsection 30-16.6.
30-16.9 Requirements for Inclusionary Units.
1.a. Eligibility Requirements. No Household may occupy an Inclusionary Unit unless the City or its designee has approved the Household's eligibility in accordance with City- approved policies. Each Household that occupies a rental Inclusionary Unit or purchases an owner -occupied Inclusi onary Unit must occupy that unit as that Household's principal residence.
2.b. Initial Sales Price of Owner -Occupied Units. The initial sales price of an owner - occupied Inclusionary Unit shall be set so that the eligible Household will pay an Affordable Ownership Cost. Resale and other restrictions on the Inclusionary Unit will be governed by the regulatory agreements, resale restrictions, deeds of trust or other recorded agreements recorded against the Inclusionary Unit as approved in the Affordable Housing Plan per Section 30-16.8.
3.c. Rent of Rental Units. Rental Inclusionary Units shall be offered to eligible households at an affordable rent.Affordable Rent.
30-16.10 Continued Affordability.
1.a. Regulatory agreements, resale restrictions, deeds of trust and/or other documents acceptable to the City Manager, all consistent with the requirements of this section, shall be recorded against Inclusionary Units and Residential Developments containing Inclusionary Units. These documents shall legally restrict occupancy of Inclusionary Units to households of the income levels for which the units were
designed for a minimum of fifty ninety-nine ( 5999) years. The forms of regulatory agreements, resale restrictions, deeds of trust and other documents authorized by this subsection, and any change in the form of any such document which materially alters any policy in the document, shall be approved by the City Manager.
b. The resale restrictions required by Subsection a. of this section shall allow the City a right of first refusal to purchase any owner-occupied Inclusionary Unit at the maximum price which could be charged to a qualified purchaser household, at the time the owner proposes a sale.
30-16.11 Limited Uses of Fees.
a. Use and Disbursement of Fees. In-Lieu Fees collected under this section shall be used in accordance with and in support of affordable housing as determined by the City Manager. Expenditures of In-Lieu Fees shall be limited to direct expenditures for capital projects or incidental non-capital expenditures related to capital projects, including but not limited to pre-development expenses, land acquisition, construction, rehabilitation, subsidization, counseling or assistance to other governmental entities, private organizations or individuals to expand affordable housing opportunities to very low-, low- and moderate-income households. Authorized expenditures also include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, predevelopment loan funds, participation leases, loans or other public/private partnership arrangements to develop affordable housing or other public/private partnership arrangements. The In-Lieu Fees may be expended for the benefit of either rental or owner-occupied housing. The In-Lieu Fees may not be used to support operations, or on-going housing services not directly related to the construction, acquisition, rehabilitation or preservation of affordable housing units.
b. Accounting of Fees. All In-Lieu Fees shall be deposited into a segregated account and all expenditures of funds from the same shall be documented and included in an annual report that shall be made available for public inspection.
30-16.12 Adjustments, Waivers.
a. Adjustment. The requirements of this section may be waived, adjusted or reduced if an applicant shows that there is not a reasonable relationship between the impact of a proposed Residential Development on the demand for affordable housing in the City and the requirements of this section or that applying the requirements of this section without the requested waiver, adjustment or reduction would constitute a taking in violation of the United States or California Constitutions or be otherwise illegal. Under current law, mere economic hardship or diminution in value does not constitute an unlawful taking of property. Such a request shall be made in writing and filed with the Planning and Building Department at the time of initial submittal an application
for approval of a Residential Development and/or as part of any appeal from a decision regarding such an application. The request shall state completely and in detail: (i) the requested waiver, adjustment or reduction of the requirements, (ii) the factual basis for the request, and (iii) the legal basis of this request. If the Planning Board determines that the requirements of this section lack a reasonable relationship to the impact of a proposed Residential Development on demand for affordable housing in the City or that those requirements constitute a taking in violation of the United States or California Constitutions, the requirements of this section shall be modified, adjusted or waived to the extent necessary to avoid an unconstitutional result or illegal outcome.
b. Appeal Procedure. The applicant, a member of the public or a member of the City Council or Planning Board may appeal a determination under this ordinance within ten (10) days after the decision under Subsection 30-21.11.
Appeals shall be heard pursuant to Section 30-25.
c. Fee for Adjustment Request or Appeal. The cost of the consideration of a request for adjustment or waiver of the requirements of this section and appeal shall be borne by the applicant in an amount set forth in the Master Fee Resolution of the City Council.
30-16.13 Community Improvement Project AreasAlameda Point.
This section shall not apply to residential developments in the City's Community Improvement Project Areas as long as the Community Improvement Commission adopts separate resolutions or policies pertaining to inclusionary housing requirements in such areas.
Residential development at Alameda Point shall be subject to the provisions of this ordinance and the provisions of the 2001 Settlement Agreement between the City of Alameda and Renewed Hope Housing Advocates and Arc Ecology. In the event of a conflict between this ordinance and the provisions of the settlement agreement, the more restrictive provision shall govern.
1 30-16.14 Enforcement.
a. Misdemeanor Violation. It shall be a misdemeanor to violate any provision of this section. Without limiting the generality of the foregoing, it shall be a misdemeanor for any person to sell or rent to another person an Inclusionary Unit under this section at a price or rent exceeding the maximum allowed under this section or to sell or rent an Inclusionary Unit to a household not qualified under this section. It shall further be a misdemeanor for any person to provide false or materially incomplete information to the City or to a seller or lessor of an Inclusionary Unit to obtain occupancy of housing for which he or she is not eligible.
b. Additional Enforcement Mechanisms. In addition to the penalties provided in this subsection, any violation of this section may be redressed by any enforcement mechanism, including but not limited to a civil action, described in Section 1-5, Penalty Provisions; Enforcement, of this Code.
Section 2: IMPLIED REPEAL
Any provision of the Alameda Municipal Code inconsistent with this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effectuate this Ordinance.
Section 3: CEQA DETERMINATION
In accordance with the California Environmental Quality Act (CEQA), this action is categorically exempt from further environmental review pursuant to CEQA Guidelines section 15061(b)(3) (“Common sense exemption”) because CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Requiring affordable housing to be included, funded, or otherwise supported does not modify generally applicable development regulations or environmental review requirements.
Section 4: SEVERABILITY
If any provision of this Ordinance is held by a court of competent jurisdiction to be invalid, this invalidity shall not affect other provisions of this Ordinance that can be given effect without the invalid provision and therefore the provisions of this Ordinance are severable.
The City Council declares that it would have enacted each section, subsection, paragraph, subparagraph and sentence notwithstanding the invalidity of any other section, subsection, paragraph, subparagraph or sentence.
Section 5: EFFECTIVE DATE
2 This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage.
* * * * *
______________________________
Presiding Officer of the City Council
Attest:
________________________
Lara Weisiger, City Clerk
Approved as to Form:
________________________________
Yibin Shen, City Attorney
City of Alameda
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the ______________, 2026, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this ____________, 2026.